Real Property Flashcards

Under Pennsylvania law, which deed provides the greatest protection to a grantee by including covenants of seisin, quiet enjoyment, right to convey, freedom from encumbrances, warranty, and further assurances?

Answer: General warranty deed

A general warranty deed contains all six covenants of title protecting the grantee against defects arising from the grantor's entire chain of title, providing the broadest protection.

In Pennsylvania, the recording acts follow a race-notice statute. Under this system, a subsequent bona fide purchaser prevails over a prior unrecorded conveyance if the subsequent purchaser:

Answer: Takes without notice of the prior conveyance and records first

Under a race-notice statute, the subsequent purchaser must both lack notice of the prior conveyance AND record before the prior grantee to prevail.

A testator devises Blackacre 'to A for life, then to B and her heirs.' A dies before the testator. Under the common law doctrine of lapse as applied in Pennsylvania, what happens to B's remainder?

Answer: B's remainder is valid and takes effect on the testator's death

Lapse doctrine applies to failed devises by predeceasing devisees; B's vested remainder is unaffected by A's death because B survived the testator and the remainder was always contingent only on A's prior life estate.

Under the Rule Against Perpetuities, a contingent remainder is void unless it must vest, if at all, within:

Answer: A life in being at the creation of the interest plus 21 years

The common law Rule Against Perpetuities requires that an interest vest, if at all, within a life in being at the creation of the interest plus 21 years.

In Pennsylvania, which type of tenancy can be unilaterally terminated by either tenant without the consent of the other co-tenant?

Answer: Joint tenancy

A joint tenant may sever a joint tenancy unilaterally by conveying their interest, thereby converting it to a tenancy in common without the other joint tenant's consent.

A landlord in Pennsylvania seeks to terminate a month-to-month residential tenancy. Under the Pennsylvania Landlord and Tenant Act, the minimum notice required is:

Answer: 30 days

Pennsylvania law requires at least 15 days' written notice to terminate a month-to-month residential tenancy, but the common requirement applied in practice and tested on the bar is 30 days for month-to-month tenancies under general principles and Pennsylvania statute.

Under Pennsylvania's Marketable Title Act, a person who holds a chain of title for at least how many years has a marketable record title free of interests arising prior to that period?

Answer: 50 years

Pennsylvania's Marketable Record Title Act provides that a person with an unbroken chain of title for 50 years holds marketable record title, extinguishing prior interests not preserved by re-recording.